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Kahn & Kahn Post Book Chapters on SSRN

Jeffrey H. Kahn (Florida State) & Douglas A. Kahn (Michigan) have posted on SSRN chapters from their books:

  • Distribution of Stock and Section 306 Stock, in Principles of Corporate Taxation (West 2010):  “The material explains what is meant by a ‘stock dividend’ and explores the historical tax treatment of those dividends as well as the current treatment. The chapter notes how alternative devices might be used to accomplish consequences that are effectively the same as those that flow from a stock dividend and how the tax laws deal with those equivalent transactions. The several exceptions to exclusion from income are described and illustrated by the use of examples. The rules regarding the determination of the basis of both the old and new stock are examined. The previous use of preferred stock to bail out a corporation’s earnings is demonstrated, and the current rules to prevent the abusive use of so-called ‘preferred stock bailouts’ are examined and illustrated.”
  • Federal Income Tax — Gifts and Inheritances, in Federal Income Tax (Foundation Press, 6th ed. 2011):  “The chapter discusses the oft-quoted Duberstein standard for determining what is a gift and questions the actual usefulness of that standard. The tax treatment of gifts is examined, and the authors suggest a rationale for the exclusion of gifts from the donee’s income. Exceptions to income exclusion are noted. In connection with considering the exclusion of inheritances from income, attention is given to the treatment of the settlement of an estate controversy. The special treatment of a gift or devise to an employee is examined. The manner for determining the basis of gifted and inherited property is explained, and attention is given to the effect that the payment of a gift tax has on a donee’s basis. Illustrations are provided to help the reader see how the tax rules operate.”

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